Thunder Studios Inc (California) v Kazal (No 12) [2022] FCA 110

Thunder Studios Inc (California) v Kazal (No 12) [2022] FCA 110

The publications and conduct by Charif and Adam Kazal conveyed substantial defamatory meanings and imputations against Mr David and Thunder Studios, including imputations they were criminals, thieves, and had committed fraud. These imputations were false, malicious, and intended to harm reputation and business. Both respondents published the materials or drove traffic to publications, and their behaviour aggravated the damage done. Damages were assessed in line with the contribution and gravity of conduct of each respondent.

Jurisdiction
Australia
Judgment Date
18 February 2022
Procedural Posture
Civil (defamation, Injurious Falsehood, Acl) / Final Judgment After Trial
Outcome
Judgment for the applicants against both respondents; damages and injunctive relief awarded.
Legal Topics
['defamation—corporate Applicants' 'injurious Falsehood' 'aggravated Damages' 'mitigation of Damages' 'section 18—australian Consumer Law' 'publication on the Internet' 'identification of Plaintiff']
['defamation' 'tort Law' 'consumer Law'] ['defamation—corporate Applicants' 'injurious Falsehood' 'aggravated Damages' 'mitigation of Damages' 'section 18—australian Consumer Law' 'publication on the Internet' 'identification of Plaintiff']

Case Brief

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Procedural Posture

Civil (defamation, Injurious Falsehood, Acl) / Final Judgment After Trial

Legal Issues

  1. 1 ['Whether defamatory imputations were conveyed by internet publications and tweets about applicants' 'Whether the respective applicants were identified in the publications' 'Whether conduct contravened s 18 of the ACL (misleading or deceptive conduct)' 'Whether the applicants suffered compensable loss/damage, including special damage for injurious falsehood' 'Assessment of compensatory and aggravated damages' 'Whether damages should be reduced by reason of findings in foreign proceedings or other mitigation arguments']

Ratio Decidendi

The publications and conduct by Charif and Adam Kazal conveyed substantial defamatory meanings and imputations against Mr David and Thunder Studios, including imputations they were criminals, thieves, and had committed fraud. These imputations were false, malicious, and intended to harm reputation and business. Both respondents published the materials or drove traffic to publications, and their behaviour aggravated the damage done. Damages were assessed in line with the contribution and gravity of conduct of each respondent.

Court Disposition

Judgment for the applicants against both respondents; damages and injunctive relief awarded.

Orders

  • ['Mr David awarded $525,000 against Charif (including $400,000 compensatory/aggravated damages plus $125,000 interest)' 'Mr David awarded $825,000 against Adam (including $600,000 compensatory/aggravated damages plus $225,000 interest)' 'Thunder Studios awarded $65,000 against Charif ($50,000 damages plus $15,000...